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First Lawsuit Over Bard Hernia Mesh Failure Rescheduled For Trial on August 2, 2021

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Following a number of delays associated with the ongoing COVID-19 pandemic, the first federal trial involving problems with Bard hernia mesh has been rescheduled to begin on August 2, 2021, serving as a “bellwether” that will help gauge how juries may respond to certain evidence and testimony that will be repeated throughout thousands of other claims.

Nearly identical allegations have been presented against C.R. Bard in more than 8,000 product liability lawsuits filed in U.S. District Courts nationwide, which are centralized before U.S. District Judge Edmund A. Sargus, Jr. in the Southern District of Ohio, as part of a federal multidistrict litigation (MDL)

Plaintiffs claim they have suffered painful and debilitating injuries after a hernia mesh failure, indicating polypropylene designs used by Bard a number of different products sold in recent years were unreasonably dangerous and defective.

Following coordinated common discovery into facts relevant to all claims, Judge Sargus established a “bellwether” process, where a small group of representative cases have been prepared for a series of early trial dates, which were originally expected to begin in May 2020. However, after the COVID-19 pandemic emerged early last year, the start of the first trial has been delayed several times.

In a case management order (PDF) issued on March 9, Judge Sargus indicates the first bellwether trial is now scheduled to begin on August 2, involving claims presented by Steven Johns. It appears the Court intends to hold the trial in-person, indicating counsel will meet in Judge Sargus’ chambers every day while the trial is ongoing.

Following the conclusion of this case, at least three additional bellwether trials are expected to be held in the MDL, as part of a process designed to help the parties evaluate the strengths and weaknesses of their claims, and encourage settlement discussions that may resolve larger numbers of similar claim.

If the parties are unable to reach hernia mesh settlements following the bellwether process, Judge Sargus may begin remanding hundreds of cases to U.S. District Courts nationwide for individual trial dates over the next few years.

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20 comments

  1. Brad Reply

    It is time too protest. The judge is a crook. There is no reason too reschedule. May he suffer in all that he endures. He is evil and works for satan. May God punish him greatly and quickly. He will meet is maker, yet have no way out. He will meet the real judge one day and his deceptive and selfish ways will be punished.

  2. John Reply

    I feel like they the companies are using the virus epidemic to delay the case. The judge need to put his foot down and say mask up or zoom up let the case begin.They the companies already use equipment that should not have been put into people body and they profit millions of dollars plus the different hospitals made money from these mesh screen surgery,and now We the People suffer in pain and had to have surgery done over again.They have cancel at least 3 court dates.While court cases continue in our courts across the country. DELAY ON PURPOSE so now August 2,2021 is the new date. In the news Dr.Fauci say we are on a verge of another serge of the virus,so these companies will ask for another cancel of August 2,2021 .Reschedule court date again from August 2 2021,until probably Nov.or Dec date to be use another Delay,smart companies lawyers using the VIRUS for DELAY,DELAY,DELAY.ITS up to the Judge to finally bring this case to court.They should had kept the April 21,2021 date the vaccine is becoming effective but still wear the mask.The Virus should not been the reason for Delay.

  3. Brad Reply

    Well, another payoff too the crooked evil judge. This is American shame. The judge has “0” exscuses for the trials. He diffently knows these corporate crooks. I bet they eat dinner together like wolfs. I would like too know how many people has died from their medical problems amd the viris which saved them money. You know the crooked corporate theives are keeping tabs. May they be punished in their life greatly for not being honest and respectful, also harvesting inner greed. Their souls are pitiful and their spirit is evil. May God strike them with pain and wake them up. Crooks!!!! Fire the judge and arrest the corporate theives!!!! May they have np peace. Fools!!!

  4. Tony Reply

    Yeah this is total bs. It’s been postponed and rescheduled way too many times. Like others have said this buys time for the defendant companies. We are entitled to a faster trial than this for sure. In the meantime I have no income, no insurance, no pain relief, no quality of life, etc, etc

  5. Sue Reply

    I’m tired of these bogus delays. I deserve justice for what these mesh implants/explants have done to my body. Judge is most likely being paid off to delay. Other trials with juries have been taking place. I want my justice and it better not got delayed again.

  6. Robert Reply

    The judge is obviously Democrat.

  7. John Reply

    I have been on this rollercoaster ride for about six years, and in that time period I have had two more repairs done to my original hernia. The second time it caused a new hernia to come out on the left side of my body that had to be repaired. Then covid comes into the picture, I am 55,I have 4children and I am on unemployment. Lost my home got covid,pneumonia staff, and fluid on my lungs. They keep postponing the hearings and I am not sure if I will be here when they finally settle. It sure would be nice to see that happen so that I can see that my kids will be ok! So if you read this mr. Judge, can you really think about what you’re are doing to the people who are depending on your ruling in this matter and stop delaying the trial, please!thank you for your time, John M. New Mexico.

  8. Sharon Reply

    Let’s start a patition. This don’t make no damn since. They could have adjusted like everyone else who has to come in contact with people have. The have the clear partitions. They have all kind of sanitizers to wipe stuff off. They have the no touch thermometers to check people for a fever. They have anything you need to help stop the spread of the carona virus. Maybe we should also report the to the media.

  9. Ann Reply

    The judges and lawyers are not doing enough to get these trials moving. The bellwether trials are a waste of time because they are just fake trials.
    Every state is doing trials and for the last few years it is just constantly being postponed. Why can’t we have a speedy trial. Attorneys need to work harder to push these trials forward. JUSTICE for us

  10. Homer Reply

    I think they should just get it done an cut all the BS I think there just postponing these trails so Bard can draw more interest off the money that they have put back for the lawsuits an the judge knows it an is probably getting a little kick back from it.

  11. Scott Reply

    I have little faith in dr and lawyers anymore. I had bard large 3D max 2 pieces 4×6 inches. Implanted 2-19 then full removal 6-20 6hr surgery at Cleveland clinic. I just had my 3rd surgery 11 days ago and another to come.
    If bard is let off easy I will a very unhappy person. Mesh is poison mine failed a month waybe a bit long after it was put in me there have been 2 people in my city who died due to mesh complications.
    Watch (the bleeding edge) on Netflix all truth from drs and fda workers calling out there employer.

  12. Harry Reply

    Had many problems infection, mesh wrapping around nerves, unable to wear jeans. Had it removed and 90% of problems and pain went away 5 years ago. STILL NO TRIAL…and mine was on recall list and never should of been put in me. Infection, Pain, and never can wear a belt or pants for 2 years.. JUDGES are all paid off crooks with no feelings or care for anyone.

  13. Thomas Reply

    Get this circus started, enough with the delays!!!!!!!!!!

  14. Ralph Reply

    The Judges, the companies and the defense attorneys motto is “Justice delayed is Justice Served”. And behind closed doors they are all proud of themselves and laughing about it. I’ve been there!

  15. Jackie Reply

    I just do not get this. all these delays. while my husband suffers and could possible be dead before all this is settled. He is one of the many who has been permanently injured and will never be heathy again from them putting this mesh in him. he already almost died in 2018 now we just play the waiting game to see if he has this happen again. And the so called professionals don’t care because it is not them who have had this horrible thing happen to them !!!!!i

  16. Alissa Reply

    I will probably be dead before my case is heard. I hurt so bad even with it out. My stomach muscle is now attached to my pelvis and legs. It always is tender and sore.

  17. phillip Reply

    I have had several surgeries for this mesh troubles and i hurt constantly barely sleep threw the night wish supreme court would push for justice for us

  18. Lori Reply

    It’s like being victimized again! We all deserve our day in courtl

  19. william Reply

    I have been thru all the comments and I can say i no what your going thru because I have been going thru it to. 2 operations all the infections,pain constant pain that never lets up, and they want to try again to fix my hernia. after 2 operations I’m in worst shape than when I started,,,, they need to get this ball rolling and stop kicking it down the road.

  20. Tonya Reply

    I have been going thru this same thing for about 10 yrs and they should get off thier high horse and lets get this party started!

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